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New Indian Express
9 hours ago
- Health
- New Indian Express
Maternity leave can be included in bond period: Madras High Court
MADURAI: The Madurai Bench of the Madras High Court directed the state government to return the educational certificates of a doctor, which were withheld on the ground that she had gone on maternity leave without completing the mandatory two-year service done by postgraduate doctors. A bench of justices G R Swaminathan and K Rajasekar observed that the 12-month maternity period should be counted as part of the bond period. The judges made the observation while allowing an appeal filed by the doctor, E Krithikaa, challenging an order passed by a single judge rejecting her previous petition. During the admission to MS (General Surgery) at Thanjavur Government Medical College, Krithikaa signed a bond for the sum of Rs 40 lakh with an undertaking that upon completion of the three-year course, she would serve the government for at least two years. She was also required to submit her original certificates. After graduating in August 2019, she served as an assistant surgeon at Thittakudi GH for a year and went on maternity leave. Saying that she did not complete the bonded service period, the authorities refused to return her certificates, a decision upheld by the single judge. Hearing her appeal, the division bench cited several SC judgments declaring that every woman has a fundamental right to maternity benefits. The judges referred to various provisions of the Maternity Benefit Act, 1961, especially section 27, which stated that provisions of the Act shall have effect notwithstanding anything inconsistent therewith contained in any contract of service. Thus, the bench said the bond condition should give way to the rights conferred on women under the Act. It added that though the doctor is not a regular government employee, she is entitled to the same treatment.
The Hindu
20 hours ago
- Politics
- The Hindu
Murugan Bhakthargal conference held as a political event, says CPI(M) leader
'The Murugan Bhakthargal conference, which ought to be a religious conference, was conducted as a pure political event which was against the Madurai Bench of Madras High Court's order' said Communist Party of India (Marxist) State Secretary P. Shanmugam. Speaking at a public meeting at Tirupparankundram here on Friday, he said that the Murugan Bhakthargal conference, which ought to be a religious conference was conducted as a pure political event which was against the Madurai Bench of Madras High Court's order. He added that: 'The Madras High Court should take a Suo moto case against the Murugan Bhakthargal conference organisers as it was a contempt of the very court which passes directions.' 'Tamil Nadu government by not initiating any action against the organisers for inciting communal hatred is showing a soft corner to the Hindutva forces,' he added. He thanked the people of the State for ignoring the event, realising that it was a political event. 'When lakhs of people visit Palani hills and other Murugan temples for occasions like Thaipoosam and Panguni Uthiram, however, the Murugan conference, portrayed as a religious event, did not receive response from the people,' Mr. Shanmugam noted. As an RSS leader has spoken about the need to remove the words 'socialism,' and 'secularism,' from the Indian Constitution, their original intent has been exposed, he stated. 'If BJP had won in 2024 with an absolute majority, their first work would have been to replace the Constitution. As it is the only binding force which respects and treats every citizen equally, the BJP government did not want secularism to be followed,' he observed. Madurai MP Su. Venkatesan, addressing the gathering, charged AIADMK leader and former Chief Minister Edappadi K. Palaniswamy with a delayed reaction to the humiliation of leaders like C.N. Annadurai and Periyar. 'Annadurai and Periyar could not be just treated as political leaders as they have shaped the political landscape of the State and have driven the people towards progressive thinking,' he added. He demanded action against Hindu Munnani for passing a resolution against a religious structure which has been in the faith of people for thousands of years.
The Hindu
21 hours ago
- Health
- The Hindu
‘Maternity period has to be counted as part of bond period'
Granting relief to a doctor, the Madurai Bench of the Madras High Court has held that the maternity period of 12 months has to be counted as part of the bond period and directed Thanjavur Medical College to return her certificates. The court was hearing an appeal filed by E. Krithikaa who obtained her MBBS degree in 2014. She was allotted a seat in MS (General Surgery) in Thanjavur Medical College for the academic year 2016-17 which was a three year course. As per the prospectus for admission to postgraduate courses in Tamil Nadu Government Medical Colleges (2016-19), the candidate should sign a bond for a sum of ₹40 lakh with an undertaking that he/she would serve the State for a period of not less than two years. In addition, the candidate was required to submit the original educational certificates to the medical college. The appellant had signed the bond and also submitted her original certificates. After the appellant obtained her PG degree, she was appointed as Assistant Surgeon at Thittakudi Government Hospital in 2019. She reported for duty and served in the hospital for 12 months. Following her pregnancy, she went on maternity leave. Since she had served the government only for 12 months and not for 24 months of bond service, the hospital authorities declined to return her original certificates. A Division Bench of Justices G.R. Swaminathan and K. Rajasekar observed that the condition set out in the prospectus has to give way to the rights conferred on women under the provisions of the Maternity Benefit Act, 1961. The Supreme Court declared that women have a fundamental right to benefits arising out of the situation of maternity. Maternity leave was integral to maternity benefit and forms a facet of Article 21 of the Constitution. The court observed that the appellant no doubt is not a government employee. She is only obliged to render bond service to the government for two years. But a regular State government employee is entitled to avail maternity leave for 12 months as per the amended Service Rules. The appellant was also entitled to the very same treatment applicable to any government employee. The fact that she was only in the service of the government without being a regular employee is irrelevant. When the fundamental right of the appellant is involved, she is entitled to the protective umbrella of not only Article 21 but also Article 14. Applying the legal fiction laid down in Kavita Yadav case, the appellant must be taken to have served the government even during her maternity period. In other words, the maternity period of 12 months has to be counted as part of the bond period, the court observed.
The Hindu
3 days ago
- The Hindu
Plea to ensure proper functioning of SC/ST hostels in Madurai
The Madurai Bench of the Madras High Court directed the State to file a report to a public interest litigation petition that sought a direction to the authorities concerned to ensure proper functioning of the Scheduled Castes and the Scheduled Tribes hostels run by the Adi Dravidar and Tribal Welfare Department in Madurai district. A Division Bench of Justices S.M. Subramaniam and A.D. Maria Clete sought response from the authorities on the petition filed by C. Selvakumar of Madurai. The petitioner said there were no conservancy workers and night watchmen/guards in these hostels. No conservancy worker had been appointed to these hostels, while night watchmen/guards who were supposed to be on duty were not discharging their duty properly. Despite the biometric attendance system, the watchmen/guards register their arrival and leave the hostels, he alleged. He said he had made a representation to the authorities to ensure good food, health, safety along with education to the students. He requested the authorities to appoint conservancy workers in SC/ST hostels in the district, fill the vacant night watchman/guard posts and take necessary departmental action against the non-performing hostel wardens. However, no action was taken, he said. He sought a direction to the authorities to ensure the proper functioning of all the SC/ST hostels in Madurai district by appointing conservancy workers and night watchmen/guards to the hostels. The court posted the matter for hearing after two weeks.
The Hindu
3 days ago
- Politics
- The Hindu
Madras High Court Bench asks Registrar General to ensure former ACJ's daughter gets family pension
Pension has always been characterised as a matter of right and not charity or bounty. When it comes to extending the benefit to persons with intellectual disability, the authority must exhibit alacrity, the Madurai Bench of the Madras High Court has observed. A Division Bench of Justices G.R. Swaminathan and K. Rajasekar held that the son/daughter of a pensioner who was a person with intellectual disability and fell within the scope of the pension rules should be disbursed with family pension on submission of a medical certificate evidencing his/her incapacity to earn livelihood without insisting on certificate denoting income from all sources. The sanction order should be passed without delay after documents mentioned in the statutory rules were submitted, the court observed while hearing the appeal preferred by the Principal Accountant General (A&E) against a Single Bench order, directing payment of family pension to a person with intellectual disability who was the son of a deceased government employee. The court was told that the order had been complied with. However, the appellant wanted certain strong remarks to be expunged, and the court expunged them. The court observed that at this juncture it was reminded of the daughter of one of the distinguished judges of the HC, who retired as its Acting Chief Justice. It was agonising to note that his daughter, a person with physical and intellectual disability, had not been sanctioned family pension even though more than a year had passed since her mother's demise. Her father passed away in 2020 and mother in 2024. Application for sanctioning family pension was submitted. The office of the appellant sought certain details and documents. It was furnished by her younger sister, the legal guardian. The admissibility report for family pension was forwarded to the Secretary of Ministry of Law and Justice (Department of Justice) to obtain sanction from the President of India. Subsequently, a letter sought submission of the same set of documents, and the matter lay there, the court observed. 'We call upon the Registrar General of the Madras HC to liaison with the authorities concerned and ensure that the daughter of the former ACJ gets her family pension at the earliest,' the court directed. Referring to Rule 54(6) of CCS (Pension) Rules and Rule 49(6) of the Tamil Nadu Pension Rules, the court said a medical officer not below the rank of a civil surgeon must give a certificate setting out the mental or physical condition of the child. Nowhere was there any requirement to produce an income certificate noting income from all sources. In the present case, the appellant had insisted on furnishing such a certificate, the court observed. When the statutory rule itself contemplated certificates only from a Doctor/Medical Board stating that the son/daughter of a deceased employee by virtue of physical or intellectual disability could not earn a livelihood, the authority could not ask for anything more, the court observed.
